New Jersey statute
N.J.S.A. 2C:40A-1 — Employer requiring lie detector test
Current through P.L.2025, c.346, and J.R.22
Part of Chapter 40A, Colorado Revised Statutes.
Criminal charges under this statute
Full text of N.J.S.A. 2C:40A-1
Statutory text current through the P.L.2025, c.346, and J.R.22. This is an officially sanctioned publication using the official text of the Colorado Revised Statutes; it is not the official statutes of the State of Colorado.
Any person who as an employer shall influence, request or require an employee or prospective employee to take or submit to a lie detector test as a condition of employment or continued employment, commits a disorderly persons offense. The provisions of this section shall not apply if: (1) the employer is authorized to manufacture, distribute or dispense controlled dangerous substances pursuant to the provisions of the "New Jersey Controlled Dangerous Substances Act," P.L.1970, c. 226 (C. 24:21-1 et seq.); (2) the employee or prospective employee is or will be directly involved in the manufacture, distribution, or dispensing of, or has or will have access to, legally distributed controlled dangerous substances; and (3) the test, which shall cover a period of time no greater than 5 years preceding the test, and except as provided in this section, shall be limited to the work of the employee or prospective employee and the individual's improper handling, use or illegal sale of legally distributed controlled dangerous substances. The test may include standard baseline questions necessary and for the sole purpose of establishing a normal test pattern. Any employee or prospective employee who is required to take a lie detector test as a precondition of employment or continued employment shall have the right to be represented by legal counsel. A copy of the report containing the results of a lie detector test shall be in writing and be provided, upon request, to the individual who has taken the test. Information obtained from the test shall not be released to any other employer or person. The employee or prospective employee shall be informed of his right to present to the employer the results of an independently administered second lie detector examination prior to any personnel decision being made in his behalf by the employer.
L.1981, c. 290, s. 36, eff. Sept. 24, 1981. Amended by L.1983, c. 463, s. 1, eff. Jan. 12, 1984.
Official sources
Legal terms used in this section
Questions this section answers
Is employer requiring lie detector test a crime in New Jersey?
Employer requiring lie detector test is a disorderly persons offense in New Jersey, which is not a crime under the New Jersey Constitution (N.J.S.A. 2C:1-4) — it carries no criminal record and is heard in municipal court. Governed by N.J.S.A. 2C:40A-1.
Which New Jersey statute covers employer requiring lie detector test?
Employer requiring lie detector test is governed by N.J.S.A. 2C:40A-1 (Employer requiring lie detector test).
This reference is informational and is not legal advice.